Traffic Tribunal Decision Upheld in Obedience to Traffic Control Devices Case

Strategic Insights -

A Traffic Tribunal magistrate's decision to sustain a charged violation for failing to obey a traffic control device has been upheld, despite the officer who issued the citation not personally observing the accident. The decision was based on testimony from an independent witness who observed the appellant's vehicle proceed through a red light at a high rate of speed and collide with another vehicle.

Key Takeaways:

  • The Traffic Tribunal magistrate found that the state had proven by clear and convincing evidence that the appellant failed to obey a traffic control device.
  • The magistrate relied primarily on the corroborating account of an independent and uninterested witness, Mark Dellarciprete, who testified that he personally observed the accident.
  • The testimony of the two motorists directly involved in the accident was in conflict, but the magistrate was entitled to weigh the credibility of the witnesses and determine which testimony to accept.
  • The Panel reviewed the entire record in the matter and found that the magistrate's decision was supported by reliable, probative, and substantial evidence.
  • The appellant's appeal was denied, and the decision of the Trial Judge was sustained.

Statistics:

  • Date of incident: November 16, 2024
  • Approximate time of incident: 5:40 p.m.
  • Number of vehicles involved: 6
  • Number of citations issued: 2
  • Date of trial: April 8, 2025
  • Date of decision: April 15, 2025
  • Number of witnesses: 3 (including the officer and two motorists)

Sources:

  • State v. Stallbaum (Lawyers Weekly No. 75-022-25) (6 pages) (Per curiam) (Traffic Tribunal) (Docket No. C.A. No. T25-0006) (Aug. 22, 2025).